CITY OF UNION, KENTUCKY

Public Hearing and Regular Business Meeting

MINUTES

Monday, September 12, 2005

CALL TO ORDER: 2005 TAX RATE – PUBLIC HEARING

Mayor Kirby called the Public Hearing to order at 7:15 p.m., Monday, September 12, 2005. Mayor Kirby asked for input or comments. Mr. McClellan suggested going with the compensating rate plus 4% on Real Property Tax Rate. There were no comments from the audience. Mr. McClellan made a motion to close the Public Hearing Meeting. Mr. Moore seconded the motion. Motion carried.

Mayor Don Kirby called the Regular Business Meeting of the Union City Commission to order at 7:30 p.m., Monday, September 12, 2005.

Present: Mayor Don Kirby and City Commissioners: Wayne McClellan, Greg T. Lloyd, Warren Moore and Gary McCormick. Also present were Greg D. Voss (City Attorney), Kathy Porter (City Clerk/Treasurer) and Barry J. Burke P.E. (City Engineer).

Visitors in attendance were Jim Shumate (CDS Associates), Jim Fallon (Racon Development), Jason and Kathryn Patterson, Amy Lutes, Jim Bell and Jerry Michael.

At this point in the meeting, Attorney Voss mentioned they would do something a little unique, in that a vote needed to be taken on an Ordinance pertaining to Mr. McClellan’s property. Attorney Voss asked Mr. McClellan to excuse himself during the discussion. Attorney Voss has prepared an Ordinance stating that the City is accepting the Boone County Planning Commission’s report. There were representatives present in the form of Jim Shumate from CDS Associates and Jim Fallon from Racon.

Mayor Kirby read First Reading ORDINANCE NO. 2005-012 – AN ORDINANCE FOR A ZONING MAP AMENDMENT FROM RURAL SUBURBAN ESTATES/UNION TOWN OVERLAY (RSE/UTO) TO SUBURBAN RESIDENTIAL TWO/UNION TOWN OVERLAY (SR-2/UTO) FOR 15.02 ACRES AND FROM UNION NEIGHBORHOOD OFFICE (UNO) TO SUBURBAN RESIDENTIAL TWO/UNION TOWN OVERSAY (SR-2/UTO) FOR 3.85 ACRES, BOTH FOR A TOTAL OF 18.87 ACRES LOCATED AT 9209 OLD UNION ROAD, AND A VACANT PARCEL IMMEDIATELY TO THE NORTH OF 9209 OLD UNION ROAD AND ACROSS OLD UNION ROAD FROM THE INTERSECTIONS WITH LONGBRANCH ROAD AND ORLEANS BOULEVARD, UNION, KENTUCKY. Mr. Moore made a motion on First Reading to approve this Ordinance. Mr. McCormick seconded the motion. Motion carried.

Mr. McClellan returned to the meeting room at this point.

MINUTES:

Mr. Moore made a motion to accept the minutes as written. Dr. Lloyd seconded the motion. Motion carried.

TREASURER'S REPORT:

Dr. Lloyd moved to accept the Treasurer's Report as of August 31, 2005 as presented. Mr. McCormick seconded the motion. Motion carried.

BILLS FOR PAYMENT:

The bills for payment were reviewed. Mr. Moore made a motion to pay the bills as presented. Mr. McCormick seconded the motion. Motion carried.

Public Hearing and Regular Business Meeting

Of Union City Commission – MINUTES

September 12, 2005 – Page 2 of 4

CORRESPONDENCE:

Mayor Kirby read the following correspondence received:

A letter dated August 24, 2005, from William Madden, Transportation Cabinet, in regards to our request to lower the speed limit on U.S. 42. Mayor Kirby found it interesting that the speed studies were taken during times of low traffic speed time.

A letter dated August 31, 2004, from Gene Weaver, Mayor, Fort Wright, in reference to Storm Water Legislation. Attorney Voss commented that he has prepared a Resolution pertaining to this matter.

An email dated September 7, 2005, from Eric Forney, in reference to the history of Union. Mayor Kirby as well as City Clerk Kathy Porter has responded to Mr. Forney.

A letter dated September 7, 2005, from June Madison, Business Teacher at Larry A. Ryle High School. Mr. McClellan commented that the family park would be a great advantage and to the students’ benefit. He stated that big box structures would be contrary to the Union Town Plan. Mr. McClellan stated that there is a need for sit down restaurants, but not fast food restaurants. The students had some good suggestions. Mr. McCormick questioned the students’ concerns in regard to the traffic control issue.

A notice dated September 8, 2005, from Offices of the County Judge Executive, in reference to a meeting of the Boone County Water Planning Council. Mr. Burke will attend this meeting on September 20, 2005.

A thank you card from Gertrude and James Rice, and family.

CITY ENGINEER REPORT:

Mr. Burke’s monthly report had been given to Commissioners and he discussed and improvised on several items:

Items # 1 and # 2 – Mr. Burke stated that Mayor Kirby and he were on a conference call with the developer and he had indicated that on Wednesday morning he will start the milling process and that the resurfacing for Gunpowder Greens and Whispering Trail will be completed within the week. A MOA with Paul Michels and Sons to complete the joint sealing was approved for an extra $1690 and $1894, respectively.

Item # 3 – Union Sewage Treatment Plant Agreement with Partners, the Drees Company, Arlinghaus Builders, Sanitation District No. 1 and the City of Union. Mr. Burke stated that we are still waiting on the agreement on the wastewater treatment plant although the plans are moving forward; it is just a question of time.

Item # 5 – Mr. Burke stated that the $678,693.00 KY/GOLD/CEGG matching grant documents have been finalized and recommended that the documents be submitted to NKADD.

Item # 7 – Mr. Burke stated that a meeting took place with the partners, which included one (1) developer partner and residential partners pertaining to the Union Village Pond/Retention Basin Dredging. It was agreed that the developers allocate approximately $12,000 each. The residents are working on an optional plan with the contractor to save some money.

Item # 8 – The storm water inlet safety grate project at Indian Hill Drive and Mt. Zion Road is completed.

Item # 11 – Mr. Burke stated that the street pavement settlement problems along Wetherington Drive have been completed by Paul Michels and Sons. They expected to repair one (1) section and ended with (five) sections needing repairs. The $4,794.00 cost became $12,234.00.

Public Hearing and Regular Business Meeting

Of Union City Commission – MINUTES

Page 3 of 4

Item # 15 – Mr. Burke stated that concerning the open drainage structure problem on Whispering Trail, both residents have given their permission and JPS Construction, the contractor, performed some major work on the drain structure.

Item # 16 – Mr. Burke addressed the issue regarding the white board fencing replacement at the rears of lots in Lassing Green Subdivision that was lost during the U.S. 42 widening. He stated that the project is 90% completed, although the fence has not yet been painted. Mr. Burke will contact Mr. Schreiber and Mills Fence about the painting.

Item # 17 – Mr. Burke stated that grading and improvement plans for Harmony Estates Phase 1 have been received. Comments have been forwarded to Boone County Planning Commission for final action.

Item # 18 – Mr. Burke discussed the denial of an Encroachment Permit application from Arlinghaus Builders regarding Plantation Point/Arbor Springs resident Kevin Ashley, 9008 Richmond Road, who has a drainage problem.

Item # 20 – This issue had already been addressed in earlier business.

Item # 26 – Mr. Burke addressed the inspection performed along Wetherington Boulevard. Jason and Kathryn Patterson were present, who wanted to address some additional storm water problems they have. Mr. Patterson also provided photos. Mayor Kirby stated that he would be signing a letter after the meeting directing the builder to correct the problem.

At this point, Mayor Kirby addressed an issue pertaining to a problem with asphalt on Mt. Zion Road not being laid correctly. Mr. Burke will contact the State Highway Department.

Mayor Kirby read RESOLUTION NO. 2005-010 – ADOPTION OF A RESOLUTION OF THE CITY OF UNION, KENTUCKY AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC GROWTH GRANT (“CEGG”) PROJECT PROPOSAL/GRANT APPLICATION FOR AN AMOUNT UP TO $678,693.00 TO THE GOVERNOR’S OFFICE FOR LOCAL DEVELOPMENTS (GOLD) KENTUCKY COMMUNITY DEVELOPMENT (KCDO) FOR SANITATION SEWER COLLECTOR PROJECT; AUTHORIZING AND DIRECTING MAYOR DONALD KIRBY TO EXECUTE ANY DOCUMENTS WHICH ARE DEEMED NECESSARY BY GOLD TO CARRY OUT THIS PROJECT INCLUDING GRANT AGREEMENT EXECUTION AND AUTHORIZING MAYOR DONALD KIRBY TO ACT AS THE AUTHORIZED CORRESPONDENT FOR THIS PROJECT. Mr. McClellan made a motion to pass the resolution. Mr. Moore seconded the motion. Motion carried.

Mayor Kirby read RESOLUTION NO. 2005-011 – A RESOLUTION SUPPORTING LEGISLATION TO AMEND SECTIONS OF CHAPTER K.R.S. 220 EFFECTING SANITATION DISTRICT NO. 1 OF NORTHERN KENTUCKY. Mr. Moore made a motion to pass the resolution. Mr. McClellan seconded the motion. Motion carried.

PLANNING AND ZONING:

Mr. Randy Barlow, Planning and Zoning Representative.

OLD BUSINESS:

Second reading of ORDINANCE NO. 2005-010 – AN ORDINANCE REGULATING THE TIMES FOR PLACEMENT AND REMOVAL OF WASTE RECEPTACLES FROM THE STREETS OF UNION,

Public Hearing and Regular Business Meeting

Of Union City Commission – MINUTES

Page 4 of 4

KENTUCKY. Dr. Lloyd made a motion to approve the ordinance. Mr. Moore seconded the motion. Motion

carried.

NEW BUSINESS:

First reading of ORDINANCE NO. 2005-009 – AN ORDINANCE OF THE CITY OF UNION, KENTUCKY IN REGARD TO THE OPERATION OF ALL TERRAIN VEHICLES. Dr. Lloyd made a motion to approve the ordinance. Mr. McCormick seconded the motion. Motion carried.

First reading of ORDINANCE NO. 2005-011 –AN ORDINANCE LEVYING AND FIXING THE TAX RATES OF THE CITY OF UNION, KENTUCKY, FOR THE FISCAL YEAR 2005-2006; LEVYING SAID TAX UPON REAL AND TANGIBLE PROPERTY; FIXING THE DATE OF PAYMENT, DISCOUNT PAYMENT, DELINQUENCY AND INTEREST CHARGES; FIXING THE PURPOSE THEREFORE; AND SETTING FORTH THE PROCEDURE FOR COLLECTION OF TAXES. Mr. Moore made a motion to approve the ordinance. Mr. McCormick seconded the motion. Motion carried.

First reading of ORDINANCE NO. 2005-013 – AN ORDINANCE AMENDING THE SPEED LIMIT ON A PORTION OF OLD UNION ROAD FROM 55 MILES PER HOUR TO 45 MILES PER HOUR. Mr. Moore made a motion to approve the ordinance. Mr. McClellan seconded the motion. Motion carried.

Mayor Kirby addressed the issue of Trick-or-Treat hours for the city. It was agreed to follow the same hours as Florence/Boone County.

Mr. McClellan addressed the issue of the duck crossing signs on Russwill Lane. He stated that we have had correspondence from a resident concerning death of ducks crossing the street to access a pond. After an inspection by Mr. McClellan, signs were erected to warn of their crossing.

Mayor Kirby stated that Kathy Porter, City Clerk, received the Northern Kentucky City Clerk of the Year Award. She was presented this award at the Northern Kentucky ADD Banquet and was displayed prominently in Whats Happening in Boone County. Mayor Kirby stated that Mrs. Porter deserved applause for this award. Kathy Porter thanked the Mayor for acknowledging her award, and stated that she was very honored and happy to work for this great city.

At this point in the meeting, Mayor Kirby stated that they would retire to Executive Session in regard to the Union Village Pond, at 8:55 p.m. They returned to the commission meeting at 9:11 p.m.

Mr. McClellan stated that the Wright property comes before the Planning and Zoning Commission again on September 21, at 7:30 p.m. Mr. McClellan stated that he would go to the meeting, and work with Kevin Costello. Mr. McClellan would take a look at their plan; he approves of what he has seen so far but wants to see what else has been done with what the city has suggested.

ADJOURNMENT:

No further business came before the Commission. Mr. McClellan moved to adjourn the meeting at 9:13 p.m. Mr. Moore seconded the motion. Motion carried.

Signed this 10^th day of October 2005.

APPROVED: ATTEST:

_____________________ _________________________________

Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer